TITLE 16 OCCUPATIONAL AND PROFESSIONAL
LICENSING
CHAPTER 34 BARBERS AND COSMETOLOGISTS
PART 7 ESTABLISHMENTS AND ENTERPRISES
16.34.7.1 ISSUING AGENCY:
Regulation and Licensing Department, Board of Barbers and Cosmetologists
[16.34.7.1 NMAC - Rp
16 NMAC 34.7.1, 6/16/2001]
16.34.7.2 SCOPE: All
barbers, cosmetologists, hairstylists, estheticians, manicurist/pedicurists, manicurist/ estheticians,
instructors, electrologists, schools, enterprises and establishments.
[16.34.7.2 NMAC - Rp
16 NMAC 34.7.2, 6/16/2001; A, 7/14/2018]
16.34.7.3 STATUTORY AUTHORITY:
Sections 61-17A-15, 61-17A-18 and 61-17A-19 of the Barbers and
Cosmetologists Act. This authorizes the
board to develop establishment standards and issue a license to establishments,
enterprises and clinics that are in compliance with all requirements
established by the board.
[16.34.7.3 NMAC - Rp
16 NMAC 34.7.3, 6/16/2001]
16.34.7.4 DURATION:
Permanent.
[16.34.7.4 NMAC - Rp
16 NMAC 34.7.4, 6/16/2001]
16.34.7.5 EFFECTIVE DATE: June
16, 2001 unless a different date is cited in the history note at the end of a
section.
[16.34.7.5 NMAC - Rp
16 NMAC 34.7.5, 6/16/2001]
16.34.7.6 OBJECTIVE:
Pursuant to the Barbers and Cosmetologists Act this part outlines
establishment and outreach enterprise requirements.
[16.34.7.6 NMAC - Rp
16 NMAC 34.7.6, 6/16/2001]
16.34.7.7 DEFINITIONS: The
following definitions are recommended infection control standards used for
cleaning (sanitizing), disinfecting, and sterilization:
A. “clean or
cleansing” means washing with liquid soap and water, detergent, antiseptics, or
other adequate methods to removal all visible debris or residue. Cleansing is not disinfection.
B. “disinfect or
disinfection” means the use of chemical agents (after cleaning) to destroy
potentially dangerous pathogens on non-porous items;
C. “disinfectant” means an EPA-registered
bactericidal, fungicidal and virucidal chemical effective against pathogens of
concern when used as directed on the manufacturer’s label. For purposes of this rule alcohol and UV
light boxes are not approved for disinfection.
D. “proper use of EPA-registered bactericidal,
fungicidal and virucidal disinfectants” means disinfecting using the following:
(1) implements
and surfaces shall first be thoroughly cleaned of all visible debris prior to
disinfection. EPA-registered
bactericidal, fungicidal and virucidal disinfectants become inactivated and
ineffective when visibly contaminated with debris, hair, dirt and particulates;
(2) some
disinfectants may be sprayed on instruments, tools, or equipment to be
disinfected;
(3) disinfectants
in which implements are to be immersed shall be prepared fresh daily or more
often if solution becomes diluted or soiled; and
(4) these
chemicals are harsh and may affect the long term use of scissors and other
sharp objects. Leaving items in solution
in accordance with manufacturers’ recommendation for effective disinfection is
recommended.
E. “multi-use” means non-porous instruments,
items, equipment, implements or tools that must be cleaned and
disinfected. The items must be
disinfected by a complete immersion in an EPA-registered, bactericidal, fungicidal
and virucidal (formulated for hospitals) disinfectant that is mixed and used
according to the manufacturer’s directions.
Non-porous items are the only items that can be disinfected;
F. “laundering”
means to wash in washing machine with detergent, dried and hot to the touch,
kept in enclosed container or cabinet;
G. “sanitation” means the maintenance of
sanitary conditions to promote hygiene and the prevention of disease through
the use of chemical agents or products;
H. “single use items” means tools or supplies
that come in contact with the public and are porous (made of anything other
than plastic, metal or glass) cannot be disinfected (including, but not limited
to: disposable razors, pedi-pads, emery boards,
sponges, cotton pads, buffing blocks, toe separators, chamois, sandpaper drill
bits, waxing strip, wood sticks, cotton balls, nail wipes, disposable towels,
pumice stones, flip flops, and porous files, etc.) shall be disposed of immediately
after use;
I. “sterilize or sterilization” means to eliminate all forms of bacteria or other microorganisms.
[16.34.7.1 NMAC - Rp
16 NMAC 34.7.1, 6/16/2001; A, 12/17/2015]
16.34.7.8 APPLICATION AND REQUIREMENTS FOR ENTERPRISE OR ESTABLISHMENT LICENSE:
A. A completed official application for an enterprise or establishment license must be filed with the board at least fifteen days prior to the expected opening of the enterprise or establishment: Applications must include the required fee in the form of a money order, cashier’s check, business check or credit card for on-line transactions, (no personal checks will be accepted). Applications must include:
(1) a
copy of the owner’s business license must accompany initial application;
(2) a
list of all booth renters working in the establishment (if applicable);
(3) all
fees are non-refundable;
(4) incomplete
applications will be returned; and
(5) electronic
signatures will be acceptable for applications submitted pursuant to 16.34.1
NMAC through 16.34.16 NMAC.
B. The application, if complete, may be administratively approved. A formal inspection of the enterprise, outreach enterprise unit or establishment shall take place after the issuance of the license.
C. When an enterprise or establishment relocates within the
state of New Mexico, the owner must complete a new application and obtain
approval, including inspection from the board to operate the business at the
new location, and pay the administrative fee.
D. If any portion of the establishment is completely
segregated from the primary area, a duplicate establishment license must be
acquired and posted in the separate area.
A duplicate license fee will be assessed.
E. All enterprise and establishment licenses must be renewed each year on the last day of the month of original issue date.
F. Official enterprise or establishment license must be displayed where visible to the public upon entry to the establishment;
G. The most recent inspection report shall be printed and posted in each establishment where visible to the public within 72 hours of the inspection. It is the responsibility of the licensee that signed the inspection report and the owner to ensure this requirement is met.
H. The following
information shall be kept on file on the premises of an enterprise or
establishment and available for inspection by the board:
(1) the
full names of all employees in the enterprise or establishment and their exact
duties;
(2) the
name and address of enterprise or establishment owner;
(3) a
complete description of all services performed;
(4) implementation
of proper program of identification of products during use and in storage to
avoid confusion as to products or their ingredients; such program shall include
efforts to ensure that ingredient information provided by manufacturers or
distributors remains available with the product for use by licensed
professionals and clients.
(5) safety
data sheet (SDS) must be current. A file
containing pertinent information regarding products. Hard copies MUST be available. Computer based storage or access may only be
used when all employees have access at all hours;
(6) a
copy or access to the New Mexico board of barbers and cosmetologists
statutes and rules;
(7) a
site specific OSHA exposure control plan;
(8) if
a pedicure tub is maintained on the premises, a log is maintained by the salon
showing the legible signature, license number of the person disinfecting
pedicure tub as defined in 16.34.7.9
NMAC. The time and date of the
disinfection process and the name of the disinfectant used. Log entries must be maintained on the salon
premises for 12 months; and
(9) as
defined in 16.34.7.9 NMAC a log of each autoclave use must be maintained
showing all testing samples and results, and a maintenance log of all
maintenance performed according to the manufacturer’s directions. The salon must retain the most recent twelve
months of the log at the salon for review by the board;
I. Each
establishment licensed by the board shall post a sign at the main entrance,
which indicates the type of business being performed.
J. Proper signage
must indicate the type of services offered.
K. If establishment
is attached to a residence, it shall have a separate entrance. Permission from the county or city is
required prior to submittal of application.
L. Each mobile
outreach unit shall post a sign indicating the type of business being
performed. The outreach enterprise
license will be maintained at its business address. Each mobile outreach unit shall carry and
have posted a duplicate enterprise license assigned to that unit.
M. Any establishment
or mobile outreach enterprise unit licensed by the board may not be used for
living or sleeping quarters or in any way for residential purposes. If an establishment is located in a private
residence, a segregated area must be provided for the licensed activity and
maintenance of proper water supply and toilet standards to ensure proper
infection control and safety standards.
Reasonable access to a restroom must be provided by the establishment or
mobile outreach enterprise unit.
N. Except as
provided in these rules, no services authorized under this act may be provided
away from a licensed establishment.
Services authorized under this act may be provided in mobile outreach
units only as specified in these rules.
O. Any licensee
performing services in a mobile outreach unit must carry a current duplicate
license at all times. The licensee must
show the client the license upon request.
P. Each outreach
enterprise mobile unit will be equipped with or have available a cellular phone
or other communication capability necessary for immediate access or prompt
response.
Q. Each outreach
enterprise mobile unit must have signage on at least two sides for
identification information in letters no smaller than five inches.
R. Outreach
enterprise mobile units shall be used for the sole purpose stated in 16.34.1
NMAC of these rules.
[16.34.7.8 NMAC - Rp
16 NMAC 34.7.8, 6/16/2001; A, 12/17/2015;
A, 7/14/2018]
16.34.7.9 INFECTION CONTROL & SAFETY
STANDARDS FOR ESTABLISHMENTS AND ENTERPRISES:
A. All licensees
who operate enterprise or establishments, including outreach mobile units must
comply with the following minimum infection control and safety standards. Failure to comply with these requirements may
result in an administrative fine as provided in 16.34.15 NMAC of these rules
and other disciplinary action by the board.
(1) maintenance
of adequate ventilation to ensure that occupants are not improperly exposed to
hazardous products or chemicals;
(2) maintenance
of smoking restriction to ensure that products or chemicals used are not
inadvertently ignited;
(3) maintenance
of spill standards to ensure that occupants are not improperly exposed to any
product or chemical;
(4) maintenance of hot and cold running water available in an operable manner to perform professional services in a safe and sanitary manner while serving the public;
(5) all
establishments shall be completely separated by solid partitions, or by walls
where food is prepared should be enclosed and away from public areas;
(6) rest
rooms of establishments must be in working order and have ceiling high
partitions from the rest of the establishment or common area;
(7) hours
of operation shall be posted where clearly visible to the
public at all times;
(8) each
establishment must have signs stating;
(a) only “disinfected tools or new disposable
supplies” may be used on clients; and
(b) “single use” instruments, items and supplies must be discarded after each use.
(9) most recent inspection report shall be posted where clearly visible to the public upon entry to the establishment;
(10) each establishment owner/manager must print the inspection report within 72 hours of inspection and post the inspection in a conspicuous place;
(11) maintenance of all equipment in safe working condition;
(12) compliance
with local licensing, fire, building, health, ventilation, heating and safety
requirements;
(13) floors,
walls, and other fixtures must be kept reasonably clean at
all times;
(14) floors
shall be thoroughly cleaned each day;
(15) hair
cuttings must be swept up and deposited in a closed receptacle after each
haircut;
(16) trash
containers must be emptied daily and kept clean by washing or using plastic
liners;
(17) it
is the responsibility of all licensees, including the salon owner and the
designated licensed salon manager to ensure that all infection control
requirements are followed;
(18) implementation
of proper component mixing practices to reduce the risk of undesired reactions;
(19) maintenance
of safety data sheets containing pertinent facts regarding products;
(20) implementation
of proper storage practices to ensure that products are maintained in the
manner that prevents any risk of fire or of undesired reactions;
(21) implementation
of proper disinfection practices of working tools and implements; all non-porous
(multi-use) items must be cleaned and then disinfected per procedure listed in
Subsection B. of 16.34.7.9 NMAC;
(22) sharps
ready for disposal shall be disposed of in approved sharps containers.
Contaminated waste which does not release liquid blood or body fluids when
compressed or does not release dried blood or body fluids when handled may be
placed in a covered receptacle and disposed of through normal, approved
disposal methods. Storage of filled contaminated waste containers on-site shall
not exceed 90 days; containers shall be
stored as far away as possible from autoclave/clean instruments. Establishment
shall maintain records of waste removal;
(23) use
of an autoclave requires monthly spore tests.
Autoclaves and autoclave packaging of tools are prohibited unless
regular (at least once per month but not more than 30 days between tests) spore
tests are performed by a contracted laboratory.
If a positive spore test is received, the autoclave may not be used
until a negative spore result is received;
(24) each
establishment must maintain a log of each autoclave use, all testing samples
and results, and a maintenance log of all maintenance performed according to
the manufacturer’s directions. The salon
must retain the most recent twelve months of the log at the salon for review by
the board;
(25) there
shall be adequate disinfectants in your place of business to perform all
scheduled services for two business days;
(26) adherence
to the product manufacturer’s directions for safe use that appear on the
product labeling; including proper mixing, replacement of solution, contact
time and disposal;
(27) disinfectant
solutions must be made daily, and disposed of at the end of the day or
immediately if visible debris is present;
(28) if
concentrated disinfectants must be diluted with water, measuring devices must
be readily available and used to ensure an effective solution is made;
(29) all
products and chemicals not in the original container must be kept in closed and
legibly labeled container with name of product, product description
(disinfectant) and manufacturer’s name;
(30) disinfected
implements must be stored in a disinfected, dry, covered container and be
isolated from contaminants. At no time
can these items come into contact with used/dirty items;
(31) all
multi-use implements must be kept in covered, marked, separate containers
(dirty or disinfected);
(32) maintain
disinfected combs, brushes and implements in enclosed containers marked as
“ready for use”;
(33) maintain
dirty or used combs, brushes and implements in enclosed containers marked “not
ready for use”;
(34) towel
warmers must be disinfected daily.
Salons using hot steamed towels in services must meet the following
requirements:
(a) all
towels, linens, sheets, robes and other linens must be laundered after each
use, dried and hot to the touch, and be kept in enclosed container or cabinet;
(b) towels
must be washed with detergent, (properly diluted), and dried on “hot”;
(c) practitioners
preparing towels for the warmers must first wash their hands or wear gloves;
(d) wet
towels used in services must be prepared fresh each day. At the end of the day, unused steamed towels
must be removed and laundered;
(e) clean
towels, sheets, robes and other linens must be used for each client;
(f) the
use of paper or disposable towels, linens, etc. shall be disposed of after each
use; and
(g) a
new, disposable neck strip must be used for each client
or a freshly laundered unused towel be placed between chair cloth/shampoo cape
and person’s skin. The chair cloth and
shampoo cape must not have direct contact with client’s skin.
(35) filters
and drains of pedicure basins must be cleaned and disinfected after each use
with an EPA hospital grade disinfectant.
Immediately after each service, the practitioner must follow steps
listed below:
(a) dirty
water is drained, and any visible debris is removed;
(b) all
removable filter screens, inlet jets, footplates, impeller assemblies, and
other parts are removed and debris eliminated before scrubbing with a
disinfected brush and detergent and water;
(c) the
tub basin is scrubbed with detergent and water, and rinsed with water, and
drained;
(d) removable
parts are replaced;
(e) the
basin or tub is filled with clean water and an EPA-registered hospital level
disinfectant is added following the manufacturer’s directions;
(f) if
the pedicure tub is electrical, the fan or pump must be turned on and the unit
operated for the entire contact time; and
(g) after
the contact time is complete, the disinfectant must be drained, and the tub
rinsed with clean water.
(36) pedicure
tub liners are single use items and must be disposed of immediately after use;
(37) pedicure
basins shall be disinfected between clients, at the end of the day, and deep
disinfection once weekly; and
(38) a
log is maintained by the salon showing the legible signature, license number of
the person disinfecting the tub, the time and date of the disinfection process
and the name of the disinfectant used.
Log entries must be maintained on the salon premises for 12 months.
(39) Eyebrow
thread is a single use item and must be disposed of immediately after use.
B. Cleaning and disinfection:
(1) all
single-use instruments, items, tools or supplies that come in contact with the
public and are porous (made of anything other than plastic, metal or glass)
cannot be disinfected (including, but not limited to: eyebrow thread,
disposable razors, pedi-pads, emery boards, sponges,
cotton pads, buffing blocks, toe separators, chamois, sandpaper drill bits,
waxing strip, wood sticks, cotton balls, nail wipes, disposable towels, pumice
stones, flip flops, toe separators, porous files and porous buffers, etc.) shall
be disposed of immediately after use;
(2) prior
to use on any client, all multi-use (non-porous) instruments, items, equipment,
implements or tools must be cleaned and disinfected. Items must be cleaned with soap and warm
water or a chemical cleaner. The items
must then be disinfected by a complete immersion in an EPA-registered,
bactericidal, fungicidal and virucidal (formulated for hospitals) disinfectant
that is mixed and used according to the manufacturer’s directions. Non-porous items are the only items that can
be disinfected;
(3) before
disinfecting any surface or item, any visible debris and disposable parts must
be removed. After cleaning, all surfaces
of non-porous, multi-use tool or implement, including handles, must be
disinfected by fully submerging the item in disinfectant in a covered container
for the full amount of contact time listed on the manufacturer’s label;
(4) implements
and surfaces shall first be thoroughly cleaned of all visible debris prior to
disinfection. EPA-registered
bactericidal, fungicidal and virucidal disinfectants become inactivated and
ineffective when visibly contaminated with debris, hair, dirt and particulates;
(5) EPA-registered
bactericidal, fungicidal and virucidal disinfectants shall be used as follows:
(a) some
disinfectants may be sprayed on the instruments, tools, or equipment to be
disinfected;
(b) disinfectants
in which implements are to be immersed shall be prepared fresh daily or more
often if solution becomes diluted or soiled; and
(c) these
chemicals are harsh and may affect the long term use of scissors and other
sharp objects. Leaving items in solution
in accordance with manufacturers’ recommendation for effective disinfection is
recommended.
(6) head
rests, hand rests, pedicure basins, foot rests, manicure tables and other
fixtures that come in contact with licensees and the public shall be cleaned
and disinfected prior to use for each client;
(7) cups,
bowls, basins, and jars must be cleaned
and disinfected prior to use on each client;
(8) after
each client, the implements shall be wiped with a clean paper or fabric towel
and sprayed with either an EPA-registered bactericidal, fungicidal and
virucidal disinfectant. Equipment,
implements, tools, and materials to be cleaned and disinfected include, but are
not limited to: combs and picks,
haircutting shears, thinning shears/texturizers, edgers, guards, perm rods;
(9) items
MUST stay immersed or visibly moist with disinfectant for the entire contact
time listed on the manufacturer’s label to be effective;
(10) whether
or not disposable, the following must be replaced with clean or new (including,
but not limited to) towels, hair caps, headbands, brushes, gowns, makeup
brushes, spatulas);
(11) items
that may not be immersed can be sprayed or wiped with disinfectant sprays and
wipes that are bactericidal, fungicidal and virucidal (EPA-registered
disinfectants) and must remain visibly moist for contact time indicate on the
product label:
(a) metal guards, clipper blades, drill bits,
high frequency watts, and other removable parts must be removed. All product residue, hair skin debris, nail
dust, other visible debris must be brushed or wiped off, and the removable part
must be disinfected with an EPA-registered, hospital level disinfectant spray
or wiped after each use. The surfaces
must remain wet with the spray or wipe disinfectant for the contact time listed
on the disinfectant label; and
(b) electric
clippers, nail drills, flat irons, blow dryers, glass or metal electrodes,
esthetic machines, steamers, or other electric or electronic tools must be
cleaned and disinfected after each use, including the body and handle.
(12) clipper
wash designed as cleaner, not as disinfectant, unless specified as disinfectant
on label;
(13) all
disinfectant solution must be changed per the manufacturer’s label or sooner if
contaminated;
(14) all
products must be wiped cleaned and the exterior disinfected with a disinfectant
wipe at the end of the day;
(15) all
fluids, semi-fluids, creams, waxes, and powders must be kept in clean covered
containers with a solid cover, and must be dispensed in a manner which prevents
contamination of the unused supply;
(16) products
in tubs must be removed with disposable or disinfected spatulas, and fingers
may never be used;
(17) products
removed from container must not be returned to the container and must be used
or discarded;
(18) containers
must be wiped cleaned and the exterior disinfected with a disinfectant wipe at
the end of the day;
(19) wax
pots must be kept covered and the exterior cleaned daily;
(a) if
debris is found in the wax pot, or if the wax has been contaminated by contact
with skin;
(b) unclean
applicators, or double dipping, the wax pot must be emptied, the wax discarded,
and the pot must be disinfected;
(c) disposable
spatulas and wooden sticks may be dipped into the wax only once and then
discarded without using the other end;
(d) applicators
may be dipped only once into the wax unless the wax is a single-service item
and unused wax is discarded after each service; and
(e) any
surface touched by a used wax stick must be disinfected immediately after the
service.
(20) paraffin
warmers must be kept covered, the exterior cleaned daily, and the wax must be
debris free. Cannot go back into
paraffin tub;
(21) a
new waxing stick must be used for each wax application; no double-dipping;
(22) all
licensees must provide a suitable place equipped to give adequate service, as
advertised to clients, subject to inspection by the board;
(23) practitioners
shall wash their hands with liquid soap, or use a liquid hand sanitizer, prior
to performing any services on a client.
Thoroughly wash hands and the exposed portion of arms with soap and
water before providing services to each client after smoking, drinking, eating
and using the restroom; and
(24) proper
use of protective devices when so indicated by the product manufacturer’s
direction for safe use or when the nature of the product indicates such
protection is necessary.
C. Blood
exposure procedure:
(1) If a blood exposure should occur, the following steps must be followed:
(a) when possible injured party should go to a sink and rinse injury with running water and “milk” the injury if possible to remove any bacteria that may have entered the wound;
(b) supply injured party with antiseptic or single use packet of antibacterial ointment and the appropriate dressing to cover the injury; and
(c) bag all blood-soiled (contaminated) porous articles and dispose of in trash. Immediately wash and disinfect all non-porous items (do not continue service with these items). This is the responsibility of the licensee.
(2) If the client is injured, the following steps must be followed:
(a) stop service;
(b) protection - put on gloves;
(c) clean injured area;
(d) apply antiseptic;
(e) cover the injury with the appropriate dressing to prevent further blood exposure;
(f) bag and dispose of all contaminated single use items;
(g) clean and disinfect any implements or surfaces contaminated;
(h) clean hands; and
(i) return to service.
(3) disinfect
all non-porous items (do not continue service with these items).
(4) do
not allow containers, brushes, nozzles or liquid styptic container to touch the
skin or contact the wound. Use a
disposable applicator (never use styptic pencil unless specified for single
use).
D. Prohibitions:
(1) licensees
shall not use any product in providing a service authorized under the Act that
is banned or deemed to be poisonous or unsafe by the United States food and
drug administration (FDA) or other local, state, or federal governmental
agencies responsible for making such determination;
(2) possession or storage on licensed premises of any item banned or deemed to be poisonous or unsafe by the FDA or governmental agency shall be considered prima facie evidence of its use;
(3) for
the purpose of performing services under the Act, no licensee shall buy, sell,
or use, or apply to any person liquid monomeric methyl methacrylate (MMA);
(4) the
use, storage or dispensing of such beauty service products containing methyl
methacrylate (MMA) or other chemicals determined to be hazardous to the health
of licensees or consumers by the board of any federal, state or local health
agency, shall be prohibited:
(a) fumigants,
formalin (formaldehyde) tablets or formalin liquids;
(b) roll
on wax is prohibited;
(c) UV
light boxes;
(d) autoclaves
and autoclave packaging of tools are prohibited unless regular (at least once
per month but not more than 30 days between tests) spore tests are performed by
a contracted laboratory. If a positive
spore test is received, the autoclave may not be used until a negative spore
result is received;
(e) practitioners
must not use tools or implements provided by customers unless the practitioner
first cleans and disinfects the tool or implement;
(f) prohibited
tools must not be used even if supplied by the customer;
(g) salons
must not store tools or implements in boxes for customers;
(h) licensees
may not perform services on the public while under the influence of alcohol or
drugs;
(i) alcohol
cannot be served at any establishment without proper license;
(j) procedures
performed by any means, by hand, chemical, mechanical, or electrical apparatus
or appliance which comes into contact with or
penetrates into the dermal layer of the skin is considered invasive;
(k) the
use of any product or preparation that comes into contact
with or penetrates the dermis layer of the skin;
(l) no
establishment or school shall use of any razor-edged device or tool; to include
but not limited to credo blades, callus shavers, rasps, graters or other tools
for the purpose of removing skin or calluses that could cause an open flesh
wound;
(m) no animals in
establishments or mobile units unless it is a qualified service animal in
accordance with the Service Animal Act, Sections 28-11-1.1 to .6 NMSA 1978; and
(n) live
fish, leeches, snails, and other living creatures may not be used in any
cosmetic service.
[16.34.7.9 NMAC - Rp
16 NMAC 34.7.9, 6/16/2001; A, 7/16/2004; A, 10/4/2007; A, 12/17/2015; A, 7/14/2018]
16.34.7.10 CHANGES OF OWNERSHIP:
A. An establishment
or enterprise license is nontransferable.
B. A change of
ownership or control is any action by which a person or corporation obtains
authority to control the actions of an enterprise or establishment. These actions may include, but are not
limited to:
(1) the
transfer of the controlling interest of stock of an enterprise or establishment
to its parent corporation;
(2) the
merger of two or more enterprises or establishments;
(3) the
division of enterprise or establishment into two or more enterprises or
establishments;
(4) the
transfer of the assets or liabilities of an enterprise or establishment to its
parent corporation;
(5) the
acquisition by an individual of the controlling interest of an enterprise or
establishment, whether a proprietorship, partnership or corporation;
(6) the
sale of an enterprise or establishment;
(7) the
lease of or right to do business as an enterprise or establishment.
C. If ownership or
legal control of a licensed enterprise or establishment changes, the new owner,
lessee or other legally responsible party must submit a new application as
defined in Subsection A of 16.34.7.8 NMAC
and secure a new license from the board.
D. If legal control
of an enterprise or establishment does not change, but the organization of the
ownership does change (e.g. a sole proprietor becomes the sole stock holder of
a corporation which owns the enterprise or establishment), the board must receive
notarized proof of such change within thirty days of such change.
[16.34.7.10 NMAC -
Rp 16 NMAC 34.7.10, 6/16/2001; A, 12/17/2015]
16.34.7.11 SUPERVISION OF LICENSED PRACTICE:
A. Any enterprise
or establishment licensed by the board must be under the immediate supervision
of a board licensee while licensed activity is being practiced therein.
B. The supervising
licensee must be licensed in ALL aspects of the licensed activity being
practiced in the enterprise or establishment during the time he/she is in
charge, (e.g. a licensed manicurist cannot supervise a barber shop or beauty
salon unless he/she also holds a barber or cosmetology license respectively).
C. The enterprise
or establishment owner or manager must appoint a licensee to act on their
behalf in their absence. The holder of a
temporary license may not act as a supervisor of any enterprise or
establishment.
[16.34.7.11 NMAC -
Rp 16 NMAC 34.7.11, 6/16/2001]
16.34.7.12 PRACTICE IN UNLICENSED ENTERPRISES
OR ESTABLISHMENTS:
A. The practices,
rendering, or offering of licensed activities for compensation in an unlicensed
enterprise or establishment is prohibited.
It shall constitute malpractice within the meaning of section 61-17A-21
NMSA 1978 of the Barbers and Cosmetologists Act for an individual licensed
under the act to provide or offer to provide for compensation any service in an
unlicensed enterprise or establishment unless otherwise authorized by the act
or these rules.
B. Before a
licensee begins to work in an enterprise or establishment required to be
licensed under the act, the licensee shall ask to see the enterprise or
establishment license. The licensee
shall not provide or offer to provide any licensed activity in any enterprise
or establishment until the licensee actually has seen a valid, current
enterprise or establishment license.
C. The licensee
shall notify the board if he or she is not shown a valid, current enterprise or
establishment license for the enterprise or establishment promptly upon
request.
[16.34.7.12 NMAC -
Rp 16 NMAC 34.7.12, 6/16/2001]
16.34.7.13 [RESERVED]
[16.34.7.13 NMAC -
Rp 16 NMAC 34.7.13, 6/16/2001; Repealed, 8/29/2023]
16.34.7.14 SPECIAL EVENTS PERMIT: Any
licensee desiring to sponsor a special event such as a fund-raiser, garage
sale, telethon, etc. that will not be conducted at the licensed establishment,
must first obtain approval from the board office. The purpose of prior approval is to ensure
professional integrity and that sanitation and safety requirements are
met. An application on the form provided
by the board office must be submitted at least ten days prior to the
event. Approval for the special events
may be made administratively.
[16.34.7.14 NMAC -
Rp 16 NMAC 34.7.14, 6/16/2001]
HISTORY OF
16.34.7 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with State Records
Center and Archives under:
Article V,
Cosmetology Establishments, 12/12/1981.
Article V,
Cosmetology Establishments, 11/4/1983.
Rule 5, Cosmetology
Establishments3/8/1990.
Rule 5, Cosmetology
Establishments, 3/9/1992.
Rule 6,
Establishments, 10/19/1993.
Rule 6,
Establishments, 5/13/1994.
BBE Rule 86-1, Board
of Barber Examiners, Rules and Regulations - 1986, 6/27/1986.
BBE Rule 87-1, NM
Board of Barber Examiners, Rules and Regulations - 1987, 11/4/1987.
BBE Rule 88-1, NM
Board of Barber Examiners, Rules and Regulations - 1988, 10/4/1988.
History of Repealed Material:
16 NMAC 34.7,
Establishments and Enterprises - Repealed, 6/16/2001.